Patna High Court
Ajay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Ajay Kumar Singh, was implicated in an excise case for alleged recovery of 90 litres of liquor from a truck, although he was not arrested at the spot and the liquor was not found in his conscious possession. He contended that he merely owned the vehicle used by another individual, Rajul Kumar Singh, and that he has a clean criminal antecedent. The State opposed his application for anticipatory bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, subject to verification of the petitioner’s antecedent. The order further stipulated that if any prior case is discovered, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged excise offence.
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner without conscious possession of the contraband.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 B.N.S.S.
- vehicle ownership
- clean antecedent
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8946 of 2026
Arising Out of PS. Case No.-1710 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Ajay Kumar Singh Son of Late Bikau Singh Resident Of Hem Nagar Colony,
Rama Cold Storage, Chhapra Saran At Present J Kalita H. No. 37, Panipath
Road, Gita Nagar, Bamunihaidan Kamrup (Assam)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar, Advocate
Mr. Shubham Samrat, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 90 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.8946 of 2026(3) dt.16-03-2026
2/3
and thus would create evidence against himself and hence
would get implicated and at the same time shall bring disrepute
to his business. It is next submitted that petitioner was
completely unaware that Rajul Kumar Singh would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/Successor Court
in connection with Excise P.S. Case No. 1710 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.8946 of 2026(3) dt.16-03-2026
3/3
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…